Eu reg 2006 1967 mgmt measures-med_fish_resources_corr

L 36/6 EN Official Journal of the European Union 8.2.2007

Corrigendum to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning
management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea,
amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94
(Official Journal of the European Union L 409 of 30 December 2006)

Regulation (EC) No 1967/2006 should read as follows:

COUNCIL REGULATION (EC) No 1967/2006
of 21 December 2006
concerning management measures for the sustainable exploitation of fishery resources in the
Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC)
No 1626/94

THE COUNCIL OF THE EUROPEAN UNION, (5) The Community has undertaken to apply the precautionary
approach in taking measures designed to protect and
conserve living aquatic resources and marine ecosystems
Having regard to the Treaty establishing the European Commu- and to provide for their sustainable exploitation.
nity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission, (6) The management system provided for in this Regulation
covers operations relating to the fishing of Mediterranean
stocks carried out by Community vessels whether in
Having regard to the opinion of the European Parliament, Community waters or in international waters, by third
country vessels in Member States fishing zones or by
Whereas: citizens of the Union in the Mediterranean High Sea.

(1) The provisions of Council Regulation (EC) No 2371/2002 (7) However, so that scientific research is not impeded, this
of 20 December 2002 on the conservation and sustainable Regulation should not apply to any operations required for
exploitation of fisheries resources under the Common the purposes of such research.
Fisheries Policy (1) apply to the Mediterranean Sea.

(2) By Decision 98/392/EC (2) the Council has concluded the (8) It is necessary to establish an effective management
United Nations Convention on the Law of the Sea, which framework, through an appropriate sharing of responsi-
contains principles and rules relating to the conservation bilities between the Community and the Member States.
and management of the living resources of the high seas. In
accordance with the rules of that Convention, the
Community endeavours to coordinate the management (9) The strict protection of certain marine species already
and conservation of living aquatic resources with other
afforded by Council Directive 92/43/EEC of 21 May 1992
coastal States.
on the conservation of natural habitats and of wild fauna
and flora (4) and applicable to marine waters under Member
(3) Pursuant to Decision 98/416/EC (3) the Community is a States’ sovereignty should be extended to the Mediterranean
Contracting Party to the Agreement on the General High Sea.
Fisheries Commission of the Mediterranean, (hereinafter
the GFCM). The GFCM agreement provides a framework for
regional cooperation on the conservation and management (10) Council Decision 1999/800/EC of 22 October 1999 on
of Mediterranean marine resources by adopting recom- concluding the Protocol concerning specially protected
mendations in the area covered by the GFCM Agreement areas and biological diversity in the Mediterranean, and on
which become binding on the Contracting Parties. accepting the annexes to that Protocol (Barcelona Conven-
tion) (5), provides, in addition to the provisions relating to
the conservation of sites of Mediterranean importance, for
(4) The biological, social and economic characteristics of the drawing up lists of endangered or threatened species and
Mediterranean fisheries require the Community to establish species whose exploitation is regulated.
a specific management framework.
(4) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Regulation
(1) OJ L 358, 31.12.2002, p. 59. (EC) No 1882/2003 of the European Council and of the Council (OJ
(2) OJ L 179, 23.6.1998, p. 1. L 284, 31.10.2003, p. 1).
(3) OJ L 190, 4.7.1998, p. 34. (5) OJ L 322, 14.12.1999, p. 1.

8.2.2007 EN Official Journal of the European Union L 36/7

(11) It is necessary to adopt new technical measures for fishing (20) In order not to hinder artificial restocking or transplanta-
replacing those laid down in Council Regulation (EC) No tion of fish stocks and other marine organisms, operations
1626/94 of 27 June 1994 laying down certain technical necessary for the conduct of such activities should be
measures for the conservation of fishery resources in the permitted, provided they are compatible with the sustain-
Mediterranean (1) to take account of new scientific advice. ability of the species concerned.
Account should also be taken of the main elements of the
Action Plan on the conservation and sustainable exploita-
tion of fishery resources in the Mediterranean Sea under the
common fisheries policy. (21) Since leisure fisheries are very important in the Mediter-
ranean, it is necessary to ensure that they are carried out in
a manner that does not significantly interfere with
(12) Regulation (EC) No 1626/94 should therefore be repealed. commercial fishing, is compatible with sustainable exploi-
tation of living aquatic resources and complies with
Community obligations in respect of regional fishery
(13) Excessive catches of undersized individuals should be organisations.
avoided. To that end it is necessary to protect certain areas
where juveniles congregate, taking account of the local
biological conditions.
(22) In view of the specific characteristics of many Mediter-
ranean fisheries, which are restricted to certain geographical
(14) Fishing gear that is too harmful to the marine environment sub-zones, and taking into account the tradition of
or leads to the depletion of certain stocks should be applying effort management system at sub-regional level,
prohibited or more strictly regulated. it is appropriate to provide for the establishment of
Community and national management plans, combining in
particular effort management with specific technical
measures.
(15) In order to avoid further increases in mortality rates for
juveniles and to substantially reduce the amount of discards
of dead marine organisms by fishing vessels, it is
appropriate to provide for increases in mesh sizes and
hook sizes for trawl nets, bottom-set nets and longlines (23) In order to ensure an efficient control of fishing activities,
used for fishing for certain species of marine organisms and certain specific measures complementary to or more
for the mandatory use of square-meshed netting. stringent than those provided by Council Regulation
(EEC) No 2847/93 of 12 October 1993 establishing a
control system applicable to the common fisheries
policy (2) should be taken. In particular, there is a need to
(16) In order to allow for a transitional period, before increasing lower the current threshold of 50 kg of live-weight
the mesh size of bottom trawl nets, it is appropriate to equivalent, for species other than highly migratory and
determine some characteristics in the rigging of the trawl small pelagic species caught in the Mediterranean Sea that
nets that will enhance the selectivity of the currently used must be recorded in the logbook.
mesh size.

(17) The management of fishing effort should be the main tool (24) Since Community fisheries account for more than 75 % of
to deliver sustainable fisheries in the Mediterranean Sea. To the catches of the swordfish in the Mediterranean Sea, it is
that end it is appropriate to determine the overall appropriate to lay down management measures. In order to
dimensions of the main types of passive fishing gears to ensure that these measures are effective, the technical
limit one factor which affects the fishing effort deployed. measures for the conservation of certain stocks of highly
migratory species should emanate from the competent
regional fisheries organisations. Accordingly, the Commis-
(18) Part of the coastal zone should be reserved for selective sion should submit suitable proposals to the GFCM and the
fishing gears used by small-scale fishermen, in order to International Commission for the Conservation of Atlantic
protect nursery areas and sensitive habitats and enhance the Tuna (ICCAT) as appropriate. The absence of an agreement
social sustainability of Mediterranean fisheries. within a specified period of time will not prevent the EU
from adopting measures to this effect until a definitive
agreement is reached on a multilateral basis.
(19) It is appropriate to determine the minimum landing sizes of
certain marine organisms in order both to improve their
exploitation and to set standards upon which Member
States can build their management system for coastal (25) Specific provisions concerning fishing in the waters around
fisheries. To this end, the selectivity of a certain fishing gear Malta have been introduced by Council Regulation (EC) No
should correspond, as closely as possible, to the minimum 813/2004, in accordance with the Act of Accession and in
landing size established for a certain species or group of particular Article 21 and Annex III thereof. It is appropriate
species caught by that gear. to maintain such provisions.

(1) OJ L 171, 6.7.1994, p. 1. Regulation as last amended by Regulation (2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by
(EC) No 813/2004 (OJ L 185, 24.5.2004, p. 1). Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).


(26) The measures necessary for the implementation of this (i) ‘trawl nets’ means nets which are actively towed
Regulation should be adopted in accordance with Council by the main boat engine and consisting of a
Decision 1999/468/EC of 28 June 1999 laying down the cone- or pyramid-shaped body (as trawl body)
procedures for the exercise of implementing powers closed at the back by a cod-end and which can
conferred on the Commission (1). extend at the opening by the wings or can be
mounted on a rigid frame. Horizontal opening is
either obtained by otter boards or provided by a
(27) Amendments to the Annexes to this Regulation should also
beam or frame of variable shape and size. Such
be adopted in accordance with Decision 1999/468/EC, nets can be towed either on the bottom (bottom
trawl net) or in midwater (pelagic trawl net);
HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS (ii) ‘boat seines’ means surrounding nets and towed
seines which are operated and hauled by means
Article 1 of ropes and winches from a boat under way or
at anchor and not towed by means of the main
Scope boat engine, consist of two lateral wings and a
central bunt either in the form of a spoon or
1. This Regulation shall apply: with a bag in the rearmost part and may operate
from the surface to the bottom depending on the
target species;
(a) to the conservation, management and exploitation of
living aquatic resources where such activities are
pursued

(i) in the maritime waters of the Mediterranean Sea (iii) ‘shore seines’ means surrounding nets and towed
to the east of the line 5 o36' W (hereinafter seines set from a boat and operated from the
Mediterranean Sea) falling under the sovereignty shore;
or jurisdiction of Member States;

(ii) by Community fishing vessels in the Mediter-
ranean Sea outside the waters referred to in (i); (b) ‘dredges’ means gears which are either actively towed
by the main boat engine (boat dredge) or hauled by a
(iii) by nationals of Member States, without prejudice motorised winch from an anchored vessel (mechan-
to the primary responsibility of the flag State, in ised dredge) to catch bivalves, gastropods or sponges
the Mediterranean Sea, outside the waters and which consist of a net bag or metal basket
referred to in (i); and mounted on a rigid frame or rod of variable size and
shape whose lower part may carry a scraper blade that
(b) to marketing of fishery products caught in the can be either rounded, sharp or toothed, and may or
Mediterranean Sea. may not be equipped with skids and diving boards.
Some dredges are equipped with hydraulic equipment
(hydraulic dredges). Dredges pulled by hand or by
2. This Regulation shall not apply to fishing operations manual winch in shallow waters with or without a
conducted solely for the purpose of scientific investigations, boat to catch bivalves, gastropods or sponges (hand
which are carried out with the permission and under the dredges) shall not be considered towed gears for the
authority of the Member State or Member States concerned. purpose of this Regulation;

Article 2

Definitions
2. ‘fishing protected area’ means a geographically-defined sea
For the purpose of this Regulation the following definitions shall area in which all or certain fishing activities are temporarily
apply: or permanently banned or restricted in order to improve
the exploitation and conservation of living aquatic
resources or the protection of marine ecosystems;
1. ‘towed gears’ means any fishing gear, with the exclusion of
troll lines, towed either by the engine power of the fishing
vessel or hauled by means of winches with the fishing vessel
either anchored or slowly under way, including in particular
towed nets and dredges; 3. ‘bottom-set net’ means a trammel net, a bottom-set gillnet
or a combined bottom-set net;
(a) ‘towed nets’ means trawl nets, boat seines and shore
seines; (a) ‘trammel net’ means any net made up of two or more
pieces of net hung jointly in parallel on a single
(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/ headline, fixed, or capable of being fixed by any means
512/EC (OJ L 200, 22.7.2006, p. 11). to the bottom of the sea;


(b) ‘bottom-set gillnet’ means any net made up of a single either juveniles or adult specimens of highly migratory
piece of net held vertically in the water by floats and species;
weights fixed or capable of being fixed by any means
to the bottom of the sea and maintain the gear in
place either close to the bottom or floating in the 10. ‘St Andrew's cross’ is a grab which employs a scissor-like
water column; action to harvest either the bivalve mollusc Pinna nobilis or
the red coral from the sea-bed;

(c) ‘combined bottom-set net’ means any bottom-set
gillnet combined with a trammel net which constitu- 11. ‘seagrass bed’ means an area where the seabed is
tes the lower part; characterised by the dominant presence of phanerogams,
or where such vegetation has existed and is in need of
restoration action. Seagrass is a collective terms for the
4. ‘surrounding nets’ means nets which catch fish by species Posidonia oceanica, Cymodocea nodosa, Zoostera marina
surrounding them both from the sides and from below. and Zoostera noltii;
They may or may not be equipped with a purse line.

(a) ‘purse seines’ means any surrounding net the bottom 12. ‘coralligenous habitat’ means an area where the seabed is
of which is drawn together by means of a purse line at characterised by the dominant presence of a specific
the bottom of the net, which passes through a series biological community named ‘coralligenous’, or where
of rings along the ground rope, enabling the net to be such community has existed and is in need of restoration
pursed and closed. Purse seines may be used to catch action. Coralligenous is a collective term for a very complex
small pelagic species, large pelagic species or demersal biogenic structure given by the continuous overlapping
species; over a pre-existent rocky or hard substratum of calcareous
strata mainly deriving from the building activity of
encrusting calcareous coralline red algae and animal
5. ‘traps’ means fishing gear which is fixed to or deployed on organisms such as Porifera, ascidians, cnidarians (horny
the bottom and which acts as a trap to catch marine species. corals, seafans, etc.), bryozoans, serpulids and annelids,
They are constructed in the form of a basket, pot, barrel or together with other limestone-fixer organisms;
cage, and in the majority of cases they comprise a rigid or
semi-rigid frame made of various material (wood, wicker,
metal rods, wire netting, etc.) that may or may not be 13. ‘mäerl bed’ means an area where the seabed is characterised
covered with netting. They have one or more funnels or by the dominant presence of a specific biological commu-
mouths with smooth ends that allow species to enter the nity named ‘mäerl’, or where such a community has existed
internal chamber. They may be used separately or in and is in need of restoration action. Mäerl is a collective
groups. When used in groups a main line carries numerous term for a biogenic structure due to several species of
traps on branch lines of variable length and spacing coralline red algae (Corallinaceae), which have hard calcium
depending on the target species; skeletons and grow as unattached free-living branched,
twig-like or nodular coralline algae on the seabed, forming
accumulations within the ripples of mudflats or sandflats
6. ‘longlines’ means a fishing gear which comprises a main seabeds. Mäerl beds are usually composed of one or a
line carrying numerous hooks on branch lines (snoods) of variable combination of red algae, in particular Lithotham-
variable length and spacing depending on the target species. nion coralloides and Phymatolithon calcareum;
It may be deployed either vertically or horizontally to the
sea surface; it may be set either at or near the bottom
(bottom-set longline) or drifting in midwater or near the
14. ‘direct restocking’ means the activity of releasing live wild
surface (surface longline);
animals of selected species in waters where they occur
naturally, in order to use the natural production of the
aquatic environment to increase the number of individuals
7. ‘hooks’ means a bent, sharpened piece of steel wire usually
available for fisheries and/or to increase the natural
with barb. The point of a hook may be either straight or
recruitment;
even reversed and curved; the shank can be of varying
length and form and its cross section can be round (regular)
or flattened (forged). The total length of a hook shall be
measured as the maximum overall length of the shank from 15. ‘transplantation’ means the process by which a species is
the tip of the hook which serves for fastening the line and is intentionally transported and released by humans within
usually shaped as an eye, to the apex of the bend. The width areas of established populations and continuing genetic
of a hook shall be measured as the greatest horizontal flow where it occurs;
distance from the external part of the shank to the external
part of the barb;
16. ‘non-indigenous species’ means a species whose historically
known natural range occurs outside the area of interest;
8. ‘leisure fisheries’ means fishing activities exploiting living
aquatic resources for recreation or sport;
17. ‘introduction’ means the process by which a non-
indigenous species is intentionally moved and released by
9. ‘fishing aggregating devices (FADs)’ means any equipment humans into any area which is outside of its historically
floating on the sea surface and aggregating underneath known natural range.


CHAPTER II (ii) the fishing activities concerned affect not more than 33 %
of the area covered by seagrass beds of Posidonia oceanica
PROTECTED SPECIES AND HABITATS within the area covered by the management plan;

Article 3 (iii) the fishing activities concerned affect not more than 10 %
of seagrass beds in the territorial waters of the Member
Protected species State concerned.

1. The deliberate catching, retention on board, transhipment or Fishing activities authorised pursuant to this paragraph shall:
landing of marine species referred to in Annex IV to Directive
92/43/EEC shall be prohibited except when a derogation has
been granted according to Article 16 of Directive 92/43/EEC. (a) fulfil the requirements of Article 8(1)(h), Article 9(3)(2) and
Article 23;

2. Notwithstanding paragraph 1, the retention on board,
transhipment or landing of specimens of marine species referred (b) be regulated in order to ensure that catches of species
to in paragraph 1 which have been incidentally caught shall be mentioned in Annex III are minimal.
authorised as far as this activity is necessary to secure assistance
for the recovery of the individual animals and provided that the However, Article 9(3)(1) shall not apply.
competent national authorities concerned have been duly
informed in advance.
Whenever a fishing vessel, operating under the provisions of this
paragraph, is withdrawn from the fleet with public funds the
Article 4 special fishing permit to undertake this fishing activity shall be
withdrawn and shall not be reissued.
Protected habitats
Member States concerned shall establish a monitoring plan and
1. Fishing with trawl nets, dredges, purse seines, boat seines, report to the Commission every three years from the entry into
shore seines or similar nets above seagrass beds of, in particular, force of this Regulation on the status of the seagrass beds of
Posidonia oceanica or other marine phanerogams shall be Posidonia oceanica affected by bottom towed nets activities and the
prohibited. list of fishing vessels authorised. The first report shall be
communicated to the Commission before 31 July 2009.
By way of derogation from the first subparagraph, the use of
purse seines, boat seines or similar nets, whose overall drop and 6. Member States shall take appropriate steps to ensure the
behaviour in fishing operations mean that the purse-line, the collection of scientific information with a view to the
lead-line or the hauling ropes do not touch the seagrass bed, may identification and mapping of habitats to be protected under
be authorised within management plans provided for under this Article.
either Articles 18 or 19 of this Regulation.
CHAPTER III
2. Fishing with trawl nets, dredges, shore seines or similar nets
above coralligenous habitats and mäerl beds shall be prohibited. FISHING PROTECTED AREAS

Article 5
3. The use of towed dredges and trawl nets fisheries at depths
beyond 1 000 m shall be prohibited. Information procedure establishing fishing protected areas

4. The prohibition established in paragraphs 1, subparagraph 1 Member States shall provide to the Commission, for the first time
and paragraph 2 shall, from the date of entry into force of this before 31 December 2007, information relevant to the
Regulation, apply to all Natura 2000 sites, all special protected establishment of fishing protected areas, and to the possible
areas and all specially protected areas of Mediterranean interest management measures to be applied therein, both in waters
(SPAMI) which have been designated for the purpose of the under their jurisdiction and beyond where the protection of
conservation of these habitats under either Directive 92/43/EEC nursery areas, of spawning grounds or of the marine ecosystem
or Decision 1999/800/EC. from harmful effects of fishing requires special measures.

5. By way of derogation from subparagraph 1 of paragraph 1, Article 6
fishing by vessels of less than or equal to 12 metres overall
length and engine power of less than or equal to 85 kW with Community fishing protected areas
bottom towed nets traditionally undertaken on Posidonia beds
may be authorised by the Commission in accordance with the 1. On the basis of information provided pursuant to Article 5
procedure provided in Article 30(2) of Regulation (EC) No 2371/ of this Regulation, as well as any other relevant information for
2002 provided that: the same purpose, the Council shall designate, within two years
from the adoption of this Regulation, fishing protected areas
occurring essentially beyond the territorial seas of Member
(i) the fishing activities concerned are regulated by a manage- States, concerning the types of fishing activities banned or
ment plan provided for under Article 19 of this Regulation; authorised in such areas.


2. The Council may subsequently designate other fishing CHAPTER IV
protected areas, or change their delimitation and management
rules established therein, on the basis of new relevant scientific RESTRICTIONS CONCERNING FISHING GEARS
information.
Article 8

3. Member States and the Commission shall take appropriate Prohibited fishing gears and practices
steps to ensure adequate collection of scientific information with
a view to scientific identification and mapping of areas to be 1. The following shall not be used for fishing or kept on board:
protected in accordance with this Article.
(a) toxic, soporific or corrosive substances;

Article 7 (b) electric shock generators;

National fishing protected areas (c) explosives;

1. Member States shall designate, within two years from the (d) substances that can explode if mixed;
adoption of this Regulation and on the basis of information
provided pursuant to Article 5 of this Regulation, further fishing (e) towed devices for harvesting red coral or other type of
protected areas, with respect to the fishing protected areas corals or coral-like organisms;
already established by the time of entering into force of this
Regulation, within their territorial waters in which fishing
activities may be banned or restricted in order to conserve and (f) pneumatic hammers or other percussive instruments for
manage living aquatic resources or maintain or improve the the collection, in particular, of bivalve molluscs digging
conservation status of marine ecosystems. The competent within the rocks;
authorities of the Member States concerned shall decide on the
fishing gears that may be used in those protected areas, as well as (g) St Andrew's cross and similar grabs for harvesting, in
the appropriate technical rules which shall not be less stringent particular, red coral or other type of corals or coral-like
than Community legislation. organisms;

(h) panels of netting smaller than 40mm mesh size opening for
2. Member States may subsequently designate other fishing bottom trawlers.
protected areas or change the delimitations and management
rules established under paragraph 1 on the basis of new relevant
scientific information. Member States and the Commission shall 2. Bottom-set nets shall not be used to catch the following
take appropriate steps to ensure adequate collection of scientific species: albacore (Thunnus alalunga), bluefin tuna (Thunnus
information with a view to scientific identification and mapping thynnus), swordfish (Xiphias gladius), ray's bream (Brama brama),
of areas to be protected in accordance with this Article. sharks (Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carch-
arhinidae; Sphyrnidae; Isuridae and Lamnidae).

3. The measures referred to in paragraphs 1 and 2 shall be By way of derogation, accidental by-catches of no more than
notified to the Commission. In applying provisions in paragraphs three specimens of the shark species referred to in the first
1 and 2, Member States shall inform the Commission of the subparagraph above may be retained on board or landed
scientific, technical, and legal reasons underpinning the require- provided that they are not protected species under Community
ment of special measures. law.

3. The catching, keeping on board, transhipping, landing,
storing, selling and displaying or offering for sale of date shell
4. When a proposed fishing protected area within the
(Lithophaga litophaga) and common piddock (Pholas dactylus) shall
territorial waters of a Member State is liable to affect the vessels
be prohibited.
of another Member State, it shall be designated only after the
Commission, the Member State and the Regional Advisory
Council concerned have been consulted in accordance with the 4. Spear-guns shall be prohibited if used in conjunction with
procedure set out in Article 8(3) to (6) of Regulation (EC) No underwater breathing apparatus (aqualung) or at night from
2371/2002. sunset to dawn.

5. The catching, keeping on board, transhipping, landing,
5. If the Commission considers that the fisheries management storing, selling and displaying or offering for sale of berried
measures notified pursuant to paragraph 3 are not sufficient to female crawfish (Palinuridae spp.) and berried female lobster
ensure a high level of protection of resources and the (Homarus gammarus) shall be prohibited. Berried female crawfish
environment, it may, after having consulted the Member State, and berried female lobster shall be returned to sea immediately
ask it to amend the measure or may propose that the Council after accidental catching or may be used for direct restocking and
designate a fishing protected area or adopt fisheries management transplantation within management plans established pursuant
measures in respect of the waters concerned. to either Articles 18 or 19 of this Regulation.


Article 9 Article 10

Minimum mesh sizes Minimum hook size

1. The use for fishing and the keeping on board of a towed net, The use for fishing and the keeping on board of any longlines
a surrounding net or a gillnet shall be prohibited, unless the with hooks of a total length less than 3,95 cm and of a width less
mesh size in that part of the net having the smallest meshes than 1,65 cm shall be prohibited for any fishing vessel using
complies with paragraphs 3 to 6 of this Article. longlines and landing or having on board a quantity of red sea-
bream (Pagellus bogaraveo) that constitutes more than 20 % of the
catch in live weight after sorting.
2. The mesh size shall be determined by the procedures
specified in Commission Regulation (EC) No 129/2003 (1).
Article 11
3. For towed nets, other than those referred to in paragraph 4,
the minimum mesh size shall be: Attachments to and rigging of trawl nets

1. The mesh in any part of the net shall not be obstructed or
(1) until 30 June 2008: 40 mm; otherwise effectively diminished except by devices permitted by
Commission Regulation (EEC) No 3440/84 (2) or listed in Annex
(2) from 1 July 2008, the net referred to in point 1 shall be I(a) to this Regulation.
replaced by a square-meshed net of 40 mm at the cod-end
or, at the duly justified request of the shipowner, by a
2. The rigging of trawl nets shall comply with the technical
diamond meshed net of 50 mm.
specifications laid down in Annex I(b) to this Regulation.

In relation to the previous subparagraph, fishing vessels
shall be authorised to use and keep on board only one of Article 12
the two types of net;
Dimensions of fishing gears
(3) The Commission shall submit a report on the implementa-
tion of this paragraph to the European Parliament and the It shall be prohibited to carry on board or to deploy at sea fishing
Council by 30 June 2012, on the basis of which as well as gear not in compliance with the dimensions specified in
on the basis of the information delivered by Member States Annex II.
before 31 December 2011 it shall propose due adjustments
where appropriate.
Article 13

4. For trawl nets targeting sardine and anchovy, where these Minimum distances and depths for the use of fishing gears
species account for at least 80 % of the catch in live weight after
sorting, the minimum mesh size shall be 20 mm. 1. The use of towed gears shall be prohibited within 3 nautical
miles of the coast or within the 50 m isobath where that depth is
5. For surrounding nets the minimum mesh size shall be reached at a shorter distance from the coast.
14 mm.
By way of derogation from the first subparagraph, the use of
6. (a) Bottom-set gillnets shall not have a mesh size opening dredges shall be authorised within 3 nautical miles irrespective of
smaller than 16 mm. the depth provided that the catch of species other than shellfish
does not exceed 10 % of the total live weight of the catch.

(b) For bottom-set gillnets targeting red sea bream, where this
species accounts for at least 20 % of the catch in live 2. The use of trawl nets shall be prohibited within 1,5 nautical
weight, the minimum mesh size shall be 100 mm. miles of the coast. The use of boat dredges and of hydraulic
dredges shall be prohibited within 0,3 nautical miles of the coast.

7. A Member State may allow a derogation from the provisions
set out in paragraphs 3, 4 and 5 for boat seines and shore seines 3. The use of purse seines shall be prohibited within 300
which are affected by a management plan as referred to in Article meters of the coast or within the 50 metres isobath where that
19 and provided that the fisheries concerned are highly selective, depth is reached at a shorter distance from the coast.
have a negligible effect on the marine environment and are not
affected by provisions in Article 4(5).
A purse seine shall not be deployed at depths less than 70 % of
the overall drop of the purse seine itself as measured in Annex II
8. Member States shall provide up-to-date scientific and to this Regulation.
technical justifications for such a derogation.
(2) OJ L 318, 7.12.1984, p. 23. Regulation as last amended by
(1) OJ L 22, 25.1.2003, p. 5. Regulation (EEC) No 2122/89 (OJ L 203, 15.7.1989, p. 21).


4. The use of dredges for sponge fishing shall be prohibited Member States concerned shall establish a monitoring plan and
within the 50 m isobath and shall not be undertaken within 0,5 report to the Commission every three years from the entry into
nautical miles of the coast. force of this Regulation. The first report shall be communicated
to the Commission before 31 July 2009. In the light of these
reports the Commission may take actions in accordance with
5. At the request of a Member State, the Commission, in Article 18 or Article 19(9) of this Regulation.
accordance with the procedure provided in Article 30(2) of
Regulation (EC) No 2371/2002, shall allow a derogation from
paragraphs 1, 2 and 3, on condition that such derogation is 10. Derogations from paragraphs 1 and 2 shall be allowed for
justified by particular geographical constraints, such as the fisheries benefiting from a derogation under Article 4(5) of this
limited size of coastal platforms along the entire coastline of a Regulation and in accordance with the procedure provided in
Member State or the limited extent of trawlable fishing grounds, Article 30(2) of Regulation (EC) No 2371/2002.
where the fisheries have no significant impact on the marine
environment and affect a limited number of vessels, and
provided that those fisheries cannot be undertaken with another 11. By way of derogation from paragraph 2, the use of trawl
gear and are subject to a management plan as referred to in nets between 0,7 and 1,5 nautical miles off the coast shall be
Articles 18 or 19. Member States shall provide up-to-date authorised subject to the following conditions:
scientific and technical justifications for such derogation.
— sea-depth shall not be less than the 50 metres isobath,
6. By way of derogation from paragraph 2, trawl nets may be
temporarily used until 31 December 2007 at a shorter distance — particular geographical constraints such as the limited size
from the coast than 1,5 nautical miles provided that depth is of coastal platforms along the entire coastline of the
greater than the 50 metres isobath. Member State or the limited extension of trawlable fishing
grounds,

7. By way of derogation from paragraph 3, purse seines may be
temporarily used until 31 December 2007 at a shorter distance — no significant impact on the marine environment,
from the coast than 300 metres or at a depth less than the 50
metres isobath but not less than the 30 metres isobath. Purse
seine may be temporarily used, until 31 December 2007 at — compliance with subparagraph 3(a) and (b) of paragraph 9,
depths less than 70 % of the overall drop of the purse seine itself
as measured in Annex II to this Regulation.
— it shall not entail any increase in fishing effort with respect
to what is already authorised by Member States.
8. By way of derogation from paragraph 2, both boat dredges
and hydraulic dredges may be temporarily used until 31 Decem- Member States shall notify to the Commission by 30 September
ber 2007 at a shorter distance from the coast than 0,3 nautical 2007 the modalities for applying this derogation. This notifica-
miles. tion shall include a list of authorised fishing vessels and zones, as
identified by geographic coordinates both on land and at sea.
9. The derogation referred to in paragraph 5 shall apply only to
fishing activities already authorised by Member States and to Member States concerned shall monitor the fishing activities in
vessels with a track record in the fishery of more than five years the zones concerned and ensure a scientific evaluation. The
and shall not involve any future increase in fishing effort results of the scientific evaluation shall be communicated to the
provided. A list of authorised fishing vessels and their Commission every three years from the entry into force of this
characteristics shall be communicated to the Commission by Regulation. The first report shall be communicated to the
30 April 2007 and a comparison with the characteristics of this Commission by 31 July 2009.
fleet on 1 January 2000 shall be reported.
If the Commission, on the basis of the notifications provided by
In addition these fishing activities shall: Member States in accordance with subparagraphs 2 and 3, or of
new scientific advice, considers that the conditions for a
derogation are not met, it may, after having consulted the
(a) fulfil the requirements of Article 4, Article 8(1)(h), Article 9 Member State concerned, ask it to amend the derogation or may
(3)(2) and Article 23; propose to the Council appropriate measures for the protection
of the resources and the environment.

(b) not interfere with the activities of vessels using gears other
Article 14
than trawls, seines or similar towed nets;
Transitional derogations to the minimum mesh size and
(c) be regulated in order to ensure that catches of species minimum distance from the coast for the use of fishing
mentioned in Annex III, with the exception of mollusc gears
bivalves, are minimal;
1. Any fishing gear referred to in Article 9(3), (4) and (5), the
minimum mesh size of which is smaller than that established
(d) not target cephalopods. therein, and the use of which is in accordance with national law


in force on 1 January 1994, may be used until 31 May 2010 sold, stored, displayed or offered for sale providing that they meet
even if it does not fulfil the requirements of Article 13(9). the requirements specified in Article 15.

2. Any fishing gear referred to in Article 13(1), (2) and (3), 4. The introduction and transplantation of and direct restock-
used at a shorter distance from the coast than that established ing with non-indigenous species shall be prohibited except when
therein, and the use of which is in accordance with national law carried out according to paragraph (b) of Article 22 of Council
in force on 1 January 1994, may be used until 31 May 2010 Directive 92/43/EEC.
even if it does not fulfil the requirements of Article 13(9).
CHAPTER VI

3. Paragraphs 1 and 2 apply unless the Council decides NON-COMMERCIAL FISHING
otherwise, acting by a qualified majority on a proposal from the
Commission and in the light of scientific evidence. Article 17

Leisure fisheries
CHAPTER V

1. The use of towed nets, surrounding nets, purse seines, boat
MINIMUM SIZES OF MARINE ORGANISMS dredges, mechanised dredges, gillnets, trammel nets and
combined bottom-set nets shall be prohibited for leisure
Article 15 fisheries. The use of longlines for highly migratory species shall
also be prohibited for leisure fisheries.
Minimum sizes of marine organisms
2. Member States shall ensure that leisure fisheries are
1. A marine organism which is smaller than the minimum size conducted in a manner compatible with the objectives and rules
specified in Annex III (hereinafter undersized marine organisms) of this Regulation.
shall not be caught, retained on board, transhipped, landed,
transferred, stored, sold, displayed or offered for sale. 3. Member States shall ensure that catches of marine organisms
resulting from leisure fisheries are not marketed. Nevertheless, by
way of exception, the marketing of species caught in sportive
2. The size of marine organisms shall be measured in competitions may be authorised provided that the profits from
accordance with Annex IV. If more than one method of their sale are used for charitable purposes.
measuring size is permitted, the marine organisms shall be
deemed to be of the required size if at least one of the stipulated
measurements is equal to or greater than the relevant minimum 4. Member States shall take measures both to record and to
size. ensure separate collection of data on catches resulting from
leisure fisheries in respect of the highly migratory species listed
in Annex I to Council Regulation (EC) 973/2001 (1) and
3. Paragraph 1 shall not apply to fries of sardine landed for occurring in the Mediterranean.
human consumption if caught by boat seines or shore seines and
authorised in accordance with national provisions established in 5. Member States shall regulate underwater fishing with
a management plan as referred to in Article 19, provided that the spearguns in particular to fulfil the obligations set out in Article
stock of sardine concerned is within safe biological limits. 8(4).

Article 16 6. Member States shall inform the Commission of all measures
adopted pursuant to this Article.
Direct restocking and transplantation
CHAPTER VII
1. By way of derogation from Article 15, undersized marine
organisms may be caught, retained on board, transhipped, MANAGEMENT PLANS
landed, transferred, stored, sold, displayed or offered for sale live
for the purpose of direct restocking or transplantation with the Article 18
permission and under the authority of the Member State where
those activities take place. Community-level management plans

1. The Council may adopt management plans for specific
2. Member States shall ensure that the capture of undersized Mediterranean fisheries, in particular, in areas totally or partially
marine organisms for the purposes referred to in paragraph 1 is beyond the territorial waters of Member States. These plans may,
carried out in a manner that is compatible with any Community in particular, include:
management measure applicable to the species concerned.
(a) fishing effort management measures;
3. Marine organisms caught for the purposes specified in
paragraph 1 shall be either returned to the sea or be used for (1) OJ L 137, 19.5.2001, p. 1. Regulation as last amended by Regulation
extensive aquaculture. If subsequently recaptured, they may be (EC) No 831/2004 (OJ L 127, 29.4.2004, p. 33).


(b) specific technical measures, including where appropriate 5. The measures to be included in the management plans shall
temporary derogations to the rules of this Regulation when be proportionate to the objectives, the targets and the expected
such derogations are necessary for the operation of the time frame, and shall have regard to:
fisheries and provided that the sustainable exploitation of
the concerned resources is ensured by the management
(a) the conservation status of the stock or stocks;
plan;

(c) the extension of compulsory use of vessel monitoring (b) the biological characteristics of the stock or stocks;
systems or similar systems for vessels between 10 m and 15
m in length overall; (c) the characteristics of the fisheries in which the stocks are
caught;
(d) temporary or permanent restrictions to zones, reserved to
certain gears or to vessels having undertaken obligations in
(d) the economic impact of the measures on the fisheries
the framework of the management plan.
concerned.
Management plans shall provide for the issuing of special fishing
permits in accordance with Regulation (EC) No 1627/94 (1). 6. Management plans shall provide for the issuing of special
fishing permits in accordance with Regulation (EC) No 1627/94.
Notwithstanding the provisions of Article 1(2) of Regulation (EC)
No 1627/94, vessels of an overall length of less than 10 m may Notwithstanding the provisions of Article 1(2) of Regulation (EC)
be required to have a special fishing permit. No 1627/94, vessels of an overall length of less than 10 m may
be required to have a special fishing permit.
2. Member States and/or a Regional Advisory Council for the
Mediterranean Sea may submit suggestions to the Commission 7. Management plans referred to in paragraph 1 shall be
on matters relating to the setting up of management plans. The notified to the Commission by 30 September 2007 for it to
Commission shall reply to such requests within three months of present its observations before the plan is adopted. Management
receipt. plans referred to in paragraph 2 shall be notified to the
Commission six months in advance of the foreseen date of entry
3. Member States and the Commission shall ensure adequate into force. The Commission shall communicate the plans to the
scientific monitoring of the management plans. In particular, other Member States.
certain management measures for fisheries exploiting short-life
species shall be revised each year to take into account changes 8. Where a management plan is likely to affect the vessels of
that are likely to occur in the recruitment strength. another Member State, it shall be adopted only after consultation
of the Commission, the Member State and the Regional Advisory
Article 19 Council concerned in accordance with the procedure set out in
Article 8(3) to (6) of Regulation (EC) No 2371/2002.
Management plans for certain fisheries in territorial waters

1. Member States shall adopt, by 31 December 2007, 9. If the Commission, on the basis of the notification referred
management plans for fisheries conducted by trawl nets, boat to in paragraph 7 or of new scientific advice, considers that a
seines, shore seines, surrounding nets and dredges within their management plan adopted pursuant to either paragraph 1 or
territorial waters. Article 6(2), (3) and (4), first subparagraph, of paragraph 2 is not sufficient to ensure a high level of protection
Regulation (EC) No 2371/2002 shall apply to those management of resources and the environment, it may, after having consulted
plans. the Member State, ask it to amend the plan or may propose to
the Council appropriate measures for the protection of the
resources and the environment.
2. Member States may subsequently designate other manage-
ment plans on the basis of new relevant scientific information.
CHAPTER VIII
3. Member States shall ensure adequate scientific monitoring of
the management plans. In particular, certain management CONTROL MEASURES
measures for fisheries exploiting short-life species shall be
revised each year to take into account changes that are likely to Article 20
occur in the recruitment strength.
Catch of target species
4. Management plans may include measures which go beyond
the provisions of this Regulation for the purpose of: 1. The percentages referred to in Article 9(4) and (6), Article 10
and Article 13(1) shall be calculated as the proportion by live
weight of all living aquatic organisms on board after sorting or
(a) increasing the selectivity of fishing gear; on landing. They may be calculated on the basis of one or more
representative samples.
(b) reducing discards;
2. In the case of fishing vessels from which quantities of living
(c) limiting the fishing effort. aquatic organisms have been transhipped, the quantities
transhipped shall be taken into account when calculating the
(1) OJ L 171, 6.7.1994, p. 7. percentages referred to in paragraph 1.


Article 21 3. The Commission shall send the list to the GFCM Executive
Secretariat before 1 July 2007 so that these vessels can be entered
Transhipment on the GFCM register of vessels more than 15 metres in overall
length authorised to fish in the GFCM Agreement area
Only masters of fishing vessels who complete a logbook in (hereinafter referred to as the GFCM register).
accordance with Article 6 of Regulation (EEC) No 2847/93 may
tranship living aquatic organisms to other vessels, or receive
transhipments of such organisms from other vessels. 4. Any change to be made to the list indicated in paragraph 1
shall be notified to the Commission for transmission to the
GFCM Executive Secretariat, the same procedure applying, at
Article 22 least 10 working days before the vessel begins fishing activity in
the GFCM area.
Designated ports

1. Catches of bottom trawlers, pelagic trawlers, purse seines, 5. Community fishing vessels more than 15 metres in overall
surface longliners, boat dredges and hydraulic dredges shall be length that are not entered on the list indicated in paragraph 1
landed and marketed for the first time only at any of the ports shall not fish, retain on board, tranship or land any type of fish
designated by the Member States. or shellfish within the GFCM area.

2. Member States shall notify to the Commission by 30 April
2007 a list of designated ports. The Commission shall transmit 6. Member States shall take the necessary measures to ensure
the list to the other Member States. that:

Article 23 (a) only vessels flying their flag that are included in the list
indicated in paragraph 1 and hold on board a fishing
Monitoring of catches permit issued by them are authorised, under the terms of
the permit, to carry out fishing activities in the GFCM area;
In Article 6(2) of Regulation (EEC) No 2847/93 the second
sentence shall be replaced by the following:
(b) no fishing permit is issued to vessels that have carried out
illegal, unregulated and unreported fishing in the GFCM
‘For the fisheries operations in the Mediterranean Sea any
area or elsewhere (IUU fishing), unless the new owners
amount greater than 15 kg of live-weight equivalent
provide adequate documentary evidence that the previous
retained on board of any species indicated on a list adopted
owners and operators have no longer any legal, beneficial
in conformity with paragraph 8 must be recorded in the
or financial interest in, or exercise any control over, their
logbook.
vessels, or that their vessels neither take part in nor are
associated with IUU fishing;
However, for highly migratory species and small pelagic
species any amount greater than 50 kg of live-weight
equivalent must be recorded in the logbook.’. (c) to the extent possible, their national legislation prohibits
owners and operators of vessels flying their flag that are
included in the list indicated in paragraph 1 from taking
Article 24
part in or being associated with fishing activities in the
GFCM Agreement area by vessels not on the GFCM register;
Register of vessels authorised to fish in the GFCM
Agreement area
(d) to the extent possible, their national legislation requires
1. Before 1 June 2007 each Member State shall send the owners of vessels flying their flag that are included in the
Commission, through the accustomed data-processing support, a list indicated in paragraph 1 to be nationals or legal entities
list of the vessels of more than 15 metres overall length flying its within the flag Member State;
flag and registered in its territory that it authorises to fish in the
GFCM area by issue of a fishing permit.
(e) their vessels comply with all the relevant GFCM conserva-
2. The list indicated in paragraph 1 shall include the following tion and management measures.
information:

7. Member States shall take the necessary measures to prohibit
(a) vessel's Community fleet register number (CFR), and fishing, retention on board, transhipment and landing of fish and
external marking as defined in Annex I to Council shellfish caught in the GFCM area by vessels more than 15
Regulation (EC) No 26/2004 (1); metres in overall length that are not on the GFCM register.

(b) period authorised for fishing and/or transhipment;
8. Member States shall without delay pass on to the
Commission any information showing that there are strong
(c) fishing gears used. reasons for suspecting that vessels more than 15 metres in
overall length that are not on the GFCM register are fishing for or
(1) OJ L 5, 9.1.2004, p. 25. transhipping fish and shellfish in the GFCM Agreement area.


CHAPTER IX 3. If the overall fishing capacity referred to in paragraph 2(a)
exceeds the overall fishing capacity of trawlers with an overall
MEASURES FOR HIGHLY MIGRATORY SPECIES length equal to, or less than, 24 metres and operating in the
management zone in the reference period 2000-2001 (herein-
Article 25 after referred to as the reference fishing capacity), the
Commission shall, in accordance with the procedure laid down
Swordfish fisheries in Article 29, allocate this surplus of available fishing capacity
between the Member States taking into account the interest of
The Council shall decide on technical measures for the protection the Member States requesting an authorisation.
of juvenile swordfish in the Mediterranean Sea before 31
December 2007.
The reference fishing capacity corresponds to 3 600 kW.
CHAPTER X
4. Special fishing permits for the surplus of available fishing
MEASURES FOR THE WATERS AROUND MALTA capacity referred to in paragraph 3 shall be issued only to vessels
included in the Community fleet register at the date of
Article 26 application of this Article.
The 25-mile management zone around Malta
5. If the overall fishing capacity of the trawlers authorised to
1. The access of Community vessels to the waters and operate in the management zone in accordance with paragraph
resources in the zone extending up to 25 nautical miles from 2(c) exceeds the ceiling laid down in paragraph 2(a), because that
baselines around the Maltese islands (hereinafter the manage- ceiling has been lowered after the revision provided for in
ment zone) shall be regulated as follows: paragraph 2(d), the Commission shall allocate fishing capacity
between Member States on the following basis:
(a) fishing within the management zone shall be limited to
fishing vessels smaller than 12 metres overall length using
other than towed gears; (a) fishing capacity in kW corresponding to vessels having
fished in the zone during the period 2000-2001 shall rank
first;
(b) the total fishing effort of those vessels, expressed in terms
of the overall fishing capacity, shall not exceed the average
level observed in 2000-2001 that corresponds to 1 950 (b) fishing capacity in kW corresponding to vessels having
vessels with an overall engine power and tonnage of fished at any other time in the zone shall rank second;
83 000 kW and 4 035 GT respectively.

2. By way of derogation from paragraph 1(a), trawlers not (c) any remaining fishing capacity for other vessels shall be
exceeding an overall length of 24 metres shall be authorised to divided between the Member States taking into account the
fish in certain areas within the management zone, as described in interests of the Member States requesting an authorisation.
Annex V(a) to this Regulation, subject to the following
conditions: 6. By way of derogation from paragraph 1(a), vessels fishing
with purse seines or longlines and vessels fishing for dolphinfish
(a) the overall fishing capacity of the trawlers allowed to in accordance with Article 27 shall be authorised to operate
operate in the management zone must not exceed the within the management zone. They shall be granted a special
ceiling of 4 800 kW; fishing permit in accordance with Article 7 of Regulation (EC)
No 1627/94 and shall be included in a list containing their
(b) the fishing capacity of any trawler authorised to operate at a external marking and vessel's Community fleet register number
depth of less than 200 metres must not exceed 185 kW; (CFR) as defined in Annex I to Regulation (EC) No 26/2004, to
the isobath of 200 metres of depth shall be identified by a be provided to the Commission by each Member State. The
broken line, the waypoints of which are listed in Annex V fishing effort shall anyhow be controlled in order to safeguard
(b) to this Regulation; the sustainability of these fisheries in the zone.

(c) trawlers fishing in the management zone shall hold a 7. The master of any trawler authorised to fish in the
special fishing permit in accordance with Article 7 of management zone in accordance with paragraph 2 which is
Regulation (EC) No 1627/94 laying down general provi- not equipped with VMS shall signal each entry into and exit from
sions concerning special fishing permits and shall be the management zone to its authorities and to the authorities of
included in a list containing their external marking and the coastal state.
vessel's Community fleet register number (CFR) as defined
in Annex I to Regulation (EC) No 26/2004 to be provided
to the Commission annually by the Member States Article 27
concerned;
Dolphinfish fishery
(d) the capacity limits laid down in points (a) and (b) shall be
periodically re-evaluated, following advice from relevant 1. It shall be prohibited to fish dolphinfish (Coryphaena spp.)
scientific bodies concerning their effects on the conserva- within the management zone by fish aggregating devices (FADs)
tion of stocks. from 1 January to 5 August each year.


2. The number of vessels participating in the dolphinfish Article 29
fishery within the zone shall not exceed 130.
Implementing rules
3. The Maltese authorities shall establish FAD course lines and
allocate each FAD course line to Community fishing vessels at Detailed rules for the implementation of Articles 26 and 27 of
the latest by that 30 June each year. Community fishing vessels this Regulation shall be adopted in accordance with the
flying a flag other than of Malta shall not be authorised to procedure referred to in Article 30(2) of Regulation (EC) No
operate a FAD course line within the 12-mile zone. 2371/2002.

The Commission shall, in accordance with the procedure laid Article 30
down in Article 29, establish the criteria to be applied for the
establishment and allocation of FAD course lines. Amendments

4. Fishing vessels authorised to participate in dolphinfish Amendments to the Annexes shall be adopted in accordance
fishery shall be granted a special fishing permit in accordance with the procedure referred to in Article 30(3) of Regulation (EC)
with Article 7 of Regulation (EC) No 1627/94 and shall be No 2371/2002.
included in a list containing their external marking and vessel's
Community fleet register number (CFR) as defined in Annex I to
Article 31
Regulation (EC) No 26/2004 to be provided to the Commission
by the Member State concerned. Notwithstanding the provisions
of Article 1(2) of Regulation (EC) No 1627/94, vessels of an Repeal
overall length of less than 10 metres shall be required to have a
special fishing permit. Regulation (EC) No 1626/94 is repealed.

CHAPTER XI References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance with
FINAL PROVISIONS the correlation table in Annex VI.

Article 28
Article 32
Decision-making procedure
Entry into force
Except where otherwise provided for in this Regulation, the
Council shall act in accordance with the procedure referred to in This Regulation shall enter into force on the 30th day following
Article 37 of the Treaty. its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 December 2006.

For the Council
The President
J. KORKEAOJA


ANNEX I

Technical conditions for attachments to and rigging of trawl nets

Definitions

For the purposes of this Annex:

(a) ‘multiple twine netting’ means netting constructed of two or more twines, where the twines can be separated between
the knots without damage to the twine structure;

(b) ‘knotless netting’ means netting which is composed of meshes of four sides of approximately equal length in which the
corners of the meshes are formed by the interweaving of the twines of two adjacent sides of the mesh;

(c) ‘square-meshed netting’ means a construction of netting mounted so that of the two sets of parallel lines formed by
the mesh bars, one set is parallel to and the other at right angles to the long axis of the net;

(d) ‘the trawl body’ means the tapered section in the front part of a trawl net;

(e) ‘the extension piece’ means the untapered section, made of one or more panels, between the trawl body and the cod-
end;

(f) ‘the cod-end’ means the rearmost part of a trawl net, of net of the same mesh size, having either a cylindrical or a
tapering shape, whose transversal cross-sections are nearly a circle of the same or decreasing radius respectively;

(g) ‘balloon cod-end’ means any cod-end composed of one or more adjoining panels, of net of the same mesh size, whose
number of meshes increases going to the rearmost part of the gear causing an extension of the transversal length, with
respect to the longitudinal axis of the net, and of the circumference of the cod-end;

(h) ‘pocket type cod-end’ means any cod-end whose vertical height diminishes towards the rearmost part of the cod-end
and whose transversal cross-sections are nearly an ellipse of the same or decreasing major axis. The rearmost part of
the cod-end is either composed by a single folded panel or by transversally lacing together, with respect to the
longitudinal axis of the net, the rearmost upper and lower panels;

(i) ‘transversal lacing rope’ means any external or internal rope running transversally, with respect to the longitudinal axis
of the net, in the rearmost part of the cod-end either along the join between two upper and lower panels or along the
bend of the single rearmost panel. It can be either a prolongation of the lateral lacing rope or a separate rope;

(j) ‘circumference-perimeter’ of any cross section in a diamond mesh netting of a trawl net shall be calculated as the
number of meshes in that cross section multiplied by the stretched mesh size;

(k) ‘circumference-perimeter’ of any cross section in a square mesh netting of a trawl net shall be calculated as the number
of meshes in that cross section multiplied by the mesh side length.

(A) Authorised attachments to trawl nets

1. Notwithstanding Article 8 of Regulation (EEC) No 3440/84 either a transversal, with respect to the longitudinal
axis of the net, or lengthways zip-fastener mechanical device may be used to close the opening for emptying the
pocket-type cod-end.

2. The transversal zip-fastener shall be attached at a distance which is not more than 1 metre from the rear meshes
of the cod-end.

(B) Rigging requirements

1. A balloon cod-end shall be prohibited in trawl nets. Within any single cod-end the number of equal sized
meshes around any circumference of the cod-end shall not increase from the front end to the rear end.

2. The circumference of the rearmost part of the trawl body (the tapered section) or of the extension piece (the
untapered section) shall not be smaller than the circumference of the front end of the cod-end sensu stricto. In the
case of a square mesh cod-end, in particular, the circumference of the rearmost part of the trawl body or of the
extension piece shall be from two to four times the circumference of the front end of the cod-end sensu stricto.


3. Square mesh panels may be inserted into any towed net and shall be placed in front of any extension piece or at
any point between the front of any extension piece and the posterior of the cod-end. It shall not be obstructed in
any way by either internal or external attachments. It shall be constructed of knotless netting or of netting
constructed with non-slip knots, and shall be inserted in such a way that the meshes remain fully open at all
times while fishing. Detailed rules for further technical specifications of square mesh panels shall be adopted in
accordance with the procedure laid down in Article 29 of this Regulation.

4. Analogously, technical devices with a view of improving selectivity of trawl nets, other than that referred to in
point (b) 3, may be authorised in accordance with the procedure referred to in Article 29 of this Regulation.

5. The carrying on board or the use of any towed net the cod-end of which is constructed wholly or in part of any
type of netting material made of meshes other than square mesh or diamond mesh shall be prohibited unless
authorised in accordance with the procedure referred to in Article 29 of this Regulation.

6. Paragraphs 4 and 5 shall not apply to any boat seine the cod-end of which has a mesh size smaller than 10 mm.

7. By way of modification of Article 6(4) of Regulation (EEC) No 3440/84 the mesh size of the strengthening bag
shall not be less than 120 mm for bottom trawlers if the cod-end mesh is smaller than 60 mm. This provision
shall apply only to the Mediterranean Sea and shall be without prejudice to other Community waters. If the cod-
end mesh size is equal to or greater than 60 mm then Article 6(4) of Regulation (EEC) No 3440/84 shall apply.

8. The pocket type cod-end shall not have more than one opening to empty.

9. The length of the transversal lacing rope shall be not less than 20 % of the circumference of the cod-end.

10. The circumference of the strengthening bag, as defined in Article 6 of Regulation No 3440/84, shall not be less
than 1,3 times that of the cod-end for bottom trawl nets.

11. The carrying on board or the use of any towed net constructed wholly or in part in the cod-end of single twine
netting materials having a twine thickness of more than 3,0 millimetres shall be prohibited.

12. The carrying on board or the use of any towed net constructed wholly or in part in the cod-end of netting
materials consisting of multiple twines shall be prohibited.

13. Netting materials having a twine thickness greater than 6 mm shall be prohibited in any part of a bottom trawl
net.


ANNEX II

Requirements relating to the characteristics of fishing gear

Definitions

For the purposes of this Annex:

(a) the length of nets shall be defined by the length of the float line. The length of bottom-set and drifting nets may be
also defined on the basis of the weight or volume of its mass;

(b) the drop of nets shall be defined as the sum of the height of the meshes (including knots) when wet and stretched
perpendicular to the float line.

1. Dredges

The maximum breadth of dredges shall be 3 m, except in the case of dredges for sponge fishing.

2. Surrounding nets (purse seines and seines without purse lines)

The length of netting shall be restricted to 800 m and the drop to 120 m, except in the case of tuna seines.

3. Bottom-set nets

3.1. Trammel nets and bottom-set gillnets

1. The maximum drop of a trammel net shall not exceed 4 m.

2. The maximum drop of a bottom-set gillnet shall not exceed 10 m.

3. It shall be prohibited to have on board or set more than 6 000 m of trammel net, bottom-set gillnet per
vessel, taking into account that, as from January 2008, in the case of a single fisherman, such nets may not
exceed 4 000 metres, to which a further 1 000 metres may be added for a second fisherman and another
1 000 metres for a third one. Until 31 December 2007 such nets shall not exceed 5 000 metres in the
case of single or a second fisherman and 6 000 metres for a third one.

4. Monofilament or twine diameter of the bottom-set gillnet shall not exceed 0,5mm.

5. By way of derogation from paragraph 2, a bottom-set gillnet of maximum length shorter than 500 m may
have a maximum drop up to 30 m. It shall be prohibited to have on board or set more than 500 m of
bottom-set gillnet when it exceeds the drop limit of 10 m as established in paragraph 2.

3.2. Combined bottom-set nets (trammel nets plus gillnets)

1. The maximum drop of a combined bottom-set net shall not exceed 10 m.

2. It shall be prohibited to have on board or set more than 2 500 m of combined nets per vessel.

3. Monofilament or twine diameter of the gillnet shall not exceed 0,5 mm.

4. By way of derogation from paragraph 1, a combined bottom-set net of maximum length of 500 m may
have a maximum drop of 30 m. It shall be prohibited to have on board or set more than 500 m of
combined bottom-set when it exceeds the drop limit of 10 m as established in paragraph 1.


4. Bottom-set longline

1. It shall be prohibited to have on board or set more than 1 000 hooks per person on board within the overall
limit of 5 000 hooks per vessel.

2. By way of derogation from paragraph 1 each vessel undertaking fishing trips longer than three days may have
on board a maximum number of 7 000 hooks.

5. Traps for deep-water crustacean fishery

It shall be prohibited to have on board or set more than 250 traps per vessel.

6. Surface-set longline (floating)

It shall be prohibited to have on board or set more than:

1. 2 000 hooks per vessel for vessels targeting bluefin tuna (Thunnus thynnus) where this species account for at least
70 % of the catch in live weight after sorting;

2. 3 500 hooks for vessels targeting swordfish (Xyphias gladius) where this species account for at least 70 % of the
catch in live weight after sorting;

3. 5 000 hooks per vessel for vessels targeting albacore (Thunnus alalunga) where this species account for at least
70 % of the catch in live weight after sorting;

4. By way of derogation from subparagraphs 1, 2 and 3 each vessel undertaking fishing trips longer than two days
may have on board an equivalent number of spare hooks.

7. Trawl nets

Technical specifications limiting the maximum dimension of floatline, groundrope, circumference or perimeter of
trawl nets along with the maximum number of nets in multi-rig trawl nets shall be adopted, by October 2007, in
accordance with the procedure laid down in Article 30 of this Regulation.

Eu reg 2006 1967 mgmt measures-med_fish_resources_corr

Eu reg 2006 1967 mgmt measures-med_fish_resources_corr

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